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Contrary to what you may accept apprehend or heard, Congress did not agilely lift the federal ban on medical marijuana. Nor did it lift the ban loudly. It did not lift the ban at all. Here is what absolutely happened.

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In December 2014, Congress approved an al spending bill that included a addition prohibiting the Justice Administration (which includes the Biologic Administration Administration) from application funds appointed by that bill to “prevent” states from “implementing” their medical marijuana laws. The aforementioned rider, sponsored by Reps. Dana Rohrabacher (R-Calif.) and Sam Farr (D-Calif.), was included in the al spending bill approved by Congress aftermost month. That agency it will abide in force for addition budgetary year.

On both occasions, orted annual outlets abstract the appulse of the Rohrabacher-Farr amendment, arch abounding medical marijuana supporters to afield accept Congress had legalized it. Los Angeles Times reporter Evan Halper led the way aftermost year with a story headlined “Congress Agilely Ends Federal Government’s Ban on Medical Marijuana.” Halper appear that the addition “effectively ends the federal government’s prohibition on medical marijuana” and “brings about to a abutting two decades of astriction amid the states and Washington over medical use of marijuana.” He said states that acquiesce medical use of marijuana “no best charge to anguish about federal biologic agents raiding re operations,” because “agents would be from accomplishing so.” As I pointed out at the time, that was, at best, an overoptimistic take.

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Halper was not abandoned in overselling the rider. “The War on Medical Marijuana Is Over,” a Medical Daily headline proclaimed. “Congress Ends Federal Government’s Ban.” In the commodity beneath the headline, anchorman Lecia Bushak said the Rohrabacher-Farr alteration “will finer end the federal government’s ban on affairs or application pot for bloom affidavit in states area it’s legalized.”

After this month’s vote renewing the Rohrabacher-Farr amendment, several websites, including Lost Coast Outpost, Daily Kos, and Inquisitr, cited Halper’s 2014 commodity as if it were new, recycling agog quotes from politicians and activists that he acclimated then. “Federal Ban Aerial on Medical Marijuana,” said the Inquisitr headline. “Congress Agilely Ends Federal Ban on Medical Marijuana,” the National Pain Report announced. eNews Forest Park reported that the alteration “effectively concluded the federal ban on medical marijuana.”

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Halper himself is demography a added alert appearance of the addition now that it has been anesthetized a additional time. “A year afterwards Congress voted to end war on medical pot,” says the banderole over a story he acquaint aftermost week, “raids abide in California.” Although Halper still claims “Congress finer aerial the federal ban on medical marijuana a year ago,” he concedes that “marijuana amends advocates are conflicted over how big a achievement the aldermanic vote, which was again this month, has angry out to be.” He addendum that “federal prosecutors abide to accompany cases” adjoin medical marijuana providers, which makes it complete as if the federal ban that allegedly was aerial absolutely charcoal in place.

One aen the Rohrabacher-Farr alteration did not ignment as advertised is that the Justice Administration refuses to adapt it the way Rohrabacher and Farr do. It is bright from the debate that preceded the House vote on the alteration in May 2014 that supporters and opponents of the addition both anion it would bar case of bodies who grow, possess, or administer medical marijuana in acquiescence with accompaniment law. But as I predicted last year, the Justice Administration argues that prosecuting medical marijuana suppliers or abduction their acreage does not “prevent” states from “implementing” their laws.

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Before the Rohrabacher-Farr alteration was approved, the Justice Administration warned that it would attenuate marijuana prosecutions throughout the country. Afterwards the addition was enacted, the DOJ suddenly decided the accouterment had no appulse at all on cases adjoin clandestine individuals or businesses, although it ability ane the administration from arduous accompaniment medical marijuana laws in federal cloister or prosecuting accompaniment admiral who adapt growers and reers.

Rohrabacher and Farr have repeatedly complained that the Justice Department’s position violates the bright absorbed of Congress. Aftermost October, in a damage case involving the Marin Alliance for Medical Marijuana (MAMM), a federal adjudicator in California agreed. “It defies accent and argumentation for the government to altercate that it does not ane California from implementing its medical marijuana laws by shutting bottomward these…heavily adapted medical marijuana dispensaries,” said U.S. District Adjudicator Charles Breyer. He disqualified that “the apparent annual of the argument of Section 538 [the Rohrabacher-Farr amendment] forbids the Administration of Justice from administration this admonition adjoin MAMM to the admeasurement that MAMM operates in acquiescence with California law.”

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Breyer’s ruling, which the Justice Administration is appealing, at this point applies alone to MAMM. Even if the U.S. Cloister of Appeals for the 9th Circuit agrees with Breyer, it ability still leave allowance for federal prosecutors to ambition medical marijuana suppliers, because whether a berth complies with accompaniment law may be a amount of dispute. That is abnormally accurate in states like California, which does not absolutely accredit the auction of medical marijuana. (Under legislation that takes aftereffect in 2018, the accompaniment will alpha licensing and acclimation dispensaries, a action that so far has been larboard to bounded governments.) Although you ability ane that “implementing” a medical marijuana law ens chief who complies with it, U.S. attorneys prefer to accomplish that alarm themselves.

Assuming the Rohrabacher-Farr alteration does ultimately affect administration of the federal ban on marijuana in states that acquiesce medical use, that is not the aforementioned as eliminating the ban. The addition has no applied appulse in the 27 states that do not currently acquiesce agronomics of medical marijuana (although two of them, Florida